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STATE FARM MUT. AUTO. INS. CO. v. DAVIS

No. 10, 2013.

80 A.3d 628 (2013)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant Below-Appellant, v. Melvin DAVIS, Plaintiff Below-Appellee.

Supreme Court of Delaware.

Decided: November 1, 2013.

Attorney(s) appearing for the Case

Thomas J. Frederick, Esquire (argued), of Winston & Strawn, LLP, Chicago, Illinois, and Colin M. Shalk, Esquire , of Casarino, Chistman, Shalk, Ransom & Doss, P.A., Wilmington, Delaware for appellant.

John S. Spadaro, Esquire , of John Sheehan Spadaro, LLC, Hockessin, Delaware for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

RIDGELY, Justice:

This interlocutory appeal involves whether Delaware's personal injury protection (PIP) statute1 requires insurers to reserve PIP benefits for lost wages when requested. The plaintiff suffered severe injuries as a passenger in a car accident. While he was in a coma, his mother signed for him an assignment of insurance benefits in favor of the hospital. Plaintiff has not challenged...

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